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Judge rules pro-Trump case established a ‘likelihood to succeed on the merits’ in Pennsylvania
bizpacreview.com ^ | November 28, 2020 | Vivek Saxena

Posted on 11/28/2020 2:46:40 PM PST by grundle

The Pennsylvania appellate court judge who issued a temporary injunction Wednesday against the state certifying its 2020 election results released an accompanying opinion Friday explaining her decision.

In the opinion, Pennsylvania Commonwealth Court Judge Patricia McCullough predicted that the plaintiffs in the case will ultimately win the battle they’re waging in the Keystone State.

“Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment,” she wrote.

“Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene [a provision in the state’s Constitution] as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77.”

Signed into law in October of 2019, Act 77 granted state residents the right to request an absentee ballot without providing a legitimate reason.

Prior to the law’s implementation, legitimate reasons — or “excuses,” as they were called — included being a college student, being someone who works or is vacationing somewhere else, being someone with a physical disability, being someone in the military, or being someone with a religious conflict (i.e., Election Day is the same as their religion’s holiday).

The plaintiffs argued that, by tossing out these excuses, the state had simply implemented universal mail-in voting by disguising it as no-excuse absentee voting and claimed the move lacked “constitutional authority.”

McCullough appeared to agree.

“Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim,” she added.

View her ruling below:


TOPICS:
KEYWORDS: 0injunction; 1mccullouhh; 3hasmerit; anothercrapblog; arizona; ccullough; election; georgia; issueoflaw; judge; michigan; pacase; pat; pennsylvania; rehash; successlikely; vote
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To: Don W

I have, and that’s why I used the words “happens to be.” Emergency travel should be a basis to cast an absentee ballot. Planned travel should not.


41 posted on 11/28/2020 4:16:13 PM PST by The Pack Knight
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To: grundle; All

https://freerepublic.com/focus/f-news/3910364/posts


42 posted on 11/28/2020 4:16:29 PM PST by buckalfa
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To: miserare

The Pa Republican Party is about as useless as tits on a bull!
They’re pathetic!


43 posted on 11/28/2020 6:04:49 PM PST by bantam
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To: miserare

Thanksgiving in my family was hog butchering day.

The whole clan showed up to help and when that was done, we ate.

When that gramma died [his mom] and there was no more butchering or family dinners, dad hunted.

He’d showed up to the “fancy city” gramma’s house in camo, covered in dried blood with a deer in the pickup bed.

Everyone else felt horrified but I hardly noticed.

And when dinner was over, he’d light out to get in more hunting before dark.


44 posted on 11/28/2020 9:25:25 PM PST by Salamander (Call them by their true name: Pedocrats.)
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To: miserare

It aint gonna be states vs states, it’ll be you vs your neighbors. Know your friends and stay armed.


45 posted on 11/28/2020 9:50:32 PM PST by SPDSHDW (Too many naive folks around here, you guys think they won't try to arrest 45 the second he's out?)
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To: grundle

Judge rules pro-Trump case established a ‘likelihood to succeed on the merits’ in Pennsylvania
~~~~~~~~~~~~~~~~~~~~
Has this basic fact been reported in any of the MSM?


46 posted on 11/28/2020 10:13:02 PM PST by Yardstick
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To: struggle

-——”I think all the intelligence community info comes this week.”

Do you (or anyone) think that means they have the Server machine captured in Frankfurt? And a hugely incriminating server log file?

I’m hoping so.


47 posted on 11/28/2020 11:06:36 PM PST by AlanGreenSpam (Obama: The First 'American IDOL' President - sponsored by Chicago NeoCom Thugs )
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To: MtnClimber
Joe Biden brags about having “the most extensive and inclusive VOTER FRAUD organization” in history.
Even if Creepy Joe really has Alzeihmer's, that was definitely more than a slip of he tongue. My grandmother had Alzheimer's during her final days, and at times she would suddenly talk about things that occured before I was even thought of. Even though the poor woman was "loosing her mind" she still vividly remembered some things from many years earlier. Seems like with Bidet, given that he may not be playing with a full deck, he still knows things, but he's losing his sense to know when to keep his big mouth shut.
48 posted on 11/28/2020 11:28:19 PM PST by Impala64ssa (Virtue signalling is no virtue)
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To: beef

Raised hackles are easier to scalp.


49 posted on 11/29/2020 3:24:42 AM PST by Eleutheria5 (To be good, you've got to be tough as boots. - Jordan Peterson)
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To: grundle

This is a very accurate pitch, a slider not a curve ball,right into the catchers mitt of that ALL Star Major League catcher, formerly playing on the Green Bay Sluggers farm team for the Washington All Stars, Justice Amy Coney Barrett.


50 posted on 11/29/2020 4:17:09 AM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: grundle

Seems to be a bright red TRUTH TSUNAMI cresting for President Trump to body surf back to the WH.


51 posted on 11/29/2020 4:43:22 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: grundle

Since the PA SCOTUS - most Democrats - threw out the lower court judge’s injunction on stopping certification, what’s the plan now? I’ve read all weekend long that the PA legislature gave up their rights to select electors back in 1937 to the governor. I’m not clear what can be done in PA now as a result that they gave their constitutional power away 83 years ago,


52 posted on 11/29/2020 6:48:17 AM PST by antonico
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To: grundle

Its ultimately up to “The Five” on the US Supreme Court other than John Roberts and the three Democrat appointees. They ultimately make the difference here as the cases move up through the court system.


53 posted on 11/29/2020 6:53:43 AM PST by Nextrush (FREEDOM IS EVERYBODYS BUSINESS, REMEMBER PASTOR NIEMOLLER)
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To: antonico
"I’ve read all weekend long that the PA legislature gave up their rights to select electors back in 1937 to the governor."

Citation please? I believe any or all of these various lawsuits will be kicked back to State Legislatures if they reach SCOTUS, unless there is US Constitution conflicts. If so, it's my understanding that 4 of the 5/6? cheating States that stopped their counting "in sync" on Election night are controlled by Republican Legislatures.

Providing the Repubs don't go squishy about their own re-elections, they vote in the Electors and Trump wins. Simplistic, I know, but that's what I believe is going to happen.

54 posted on 11/29/2020 10:44:26 AM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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To: AlanGreenSpam

>>Do you (or anyone) think that means they have the Server machine captured in Frankfurt? And a hugely incriminating server log file?

The only issue with this is, if it is true, how it is displayed and taught to Americans. Trump’s going to have to do it personally, as the media will purposefully ignore it until they absolutely have to cover it.

The other problem is you’re talking about servers, linkages, and all these other internet terms that 80% of Americans have no idea what they mean. It’ll be like explaining DNA testing to a jury in the 80’s.

We shall see. I am pretty sure that it will come next week, or we will see Biden as president.


55 posted on 11/29/2020 10:46:38 AM PST by struggle
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To: A Navy Vet

“Citation please?”

Go listen to the interview by the PA state senator - Mastrantonio? He said after the hearing in an interview that in 1937 the PA legislature gave its right to select electors to the Governor. He’s a state senator there, so I’m thinkin’ he probably knows.


56 posted on 11/29/2020 11:11:25 AM PST by antonico
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To: antonico

Okay, read it that is now up to Governor to select Electors if a dispute. Still, we have like 4 other States that still leave it to the State Legislatures to select Electors and most are Republican. I think this is our only hope.


57 posted on 11/29/2020 2:10:58 PM PST by A Navy Vet (I'm not Islamophobic - I'm Islamo nauseated. Also LGBTQxyz nauseated )
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To: MtnClimber
Joe Biden brags about having “the most extensive and inclusive VOTER FRAUD organization” in history.:

This would be perfect for a BOL, if it wasn't true!


58 posted on 11/30/2020 8:46:01 AM PST by Grampa Dave (There was never a Biden win! It was stolen from Trump and us! When, will Biden Concede?)
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